Christian Peregin
Government studying European Court ruling on detention
The government will seek the advice of the Attorney General as it analyses a landmark European Court judgment which compensated an immigrant for an unnecessarily long and arbitrary detention period.
Although the government did not explicitly say it would be appealing the judgment by the European Court of Human Rights, it is understood that the state’s legal advisor could prepare for an appeal.
Asked whether the judgment set a precedent by which more immigrants could ask the courts for compensation, government sources said the judgment never criticised the standard maximum detention period of 18 months.
Algerian immigrant Khaled Louled Massoud, who took Malta to court, ended up serving about a week over the government’s set limit of 18 months in detention and was awarded €12,000 in compensation.
The Court judgment questioned the basis for his detention when it ruled that the government had “no legal force” with its policy of not detaining migrants for more than 18 months. The fact that the Immigration Act did not stipulate a minimum time of detention meant that Mr Massoud did not have a legal tool with which to contest his detention, the Court ruled.
Asked if the Immigration Act would be revised following the judgment, a spokesman for the Justice Ministry said he had no comment to make before the ministry studied the judgment in more detail and got the AG’s advice.
The Court found it “hard to conceive” that in a small island like Malta, where escape by sea without endangering one’s life was unlikely and fleeing by air was subject to strict control, the authorities could not have had at their disposal measures other than the applicant’s protracted detention to secure an eventual removal in the absence of any immediate prospect of his expulsion.
When contacted, the UN High Commissioner for Refugees welcomed the decision, which, he said, provided helpful guidance on detention.
However, as with the ministry, a spokesman said the UN agency was still looking into the details of the decision. “The European Convention on Human Rights is ultimately a safeguard for all persons falling under the jurisdiction of relevant European states, benefiting citizens, refugees and migrants alike.”
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(A)ndrew Calleja
Jul 29th 2010, 15:32
Correct me if I'm wrong but couldn't this person have asked to be sent back to his country if he had all the required paper work? If he did not have any documents to support his claims, how could the authorities be expected to release him?
Are we really expected to have people roaming our streets without identification and providing for their accomodation until we have sorted out all the problems which were indeed of their own making?! And should we do this because the court believes that our islands' physical environment and location is conducive to a detention with 'liberty of movement' scenario?!
With these same arguments we should release all our current prison inmates!! And what about those who were refused bail pending their court hearings and have been waiting in detention for more than 18 months? They should immediately send their lawyers to the ECHR claiming violation of their human rights!!!
Someone please stop the world . . . I want to get off!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sean Grima
Jul 30th 2010, 18:42
andrew, andrew, do you think that the problems these people have in their homeland are their own making?
Charles Sammut
Jul 29th 2010, 14:08
@ Sean Grima
There is a law which states that I must not kill. Well, try breaking into my house at night and we''ll see who ends up on the wrong side of eternity .
What you call "the law" and what some refer to as "an ass", does not protect those that abuse it and break it.
Finally, and I will not waste any more bandwidth replying to your comments, you now have it from your beloved EU itself that there is nothing illegal about repelling these invaders back to sender.
It is the LAW, EU law and I am sure that GonziPN wants to be more European than the EU Commission itself. He is now between a rock and a hard place and must choose between being more European than the EU or more Catholic than the Pope. How about being Maltese for a change? Like those who voted him in and are now cursing it.
Sean Grima
Jul 29th 2010, 15:21
ah, it seems that you know more about the interpretation of the convention than the judges.
EU law is not the only law: the right of asylum emanates from maltese/national law. or will you deny that fact too?
Joseph Cauchi
Jul 29th 2010, 15:33
@ Charles Sammut,
Very well said!
However, I do not understand how you bother to reply to someone who repeatedly always gives the same SILLY and TEDIOUS answers; as it seems this “guy” has appointed himself as the devil’s advocate for the illegal immigrants!
JC.
Paul Catania
Jul 29th 2010, 17:36
Sean Grima you are so illuminated as one of the illuminati in law that you don't even know that EU law is supreme.
Sean Grima
Jul 30th 2010, 08:53
EU law is supreme if there is a conflict between national and EU law. in this case, there is no EU legislation re this matter, so there is no conflict.
Stephen Koludrovic
Jul 29th 2010, 13:31
If one of our ambassadors in Europe had a tete/a/tete conversation with any Algerian counterpart,I,m sure that some travel documents could have materialized for this man, and then maybe we could have saved some dosh.
Michael Neville Cassar
Jul 29th 2010, 12:25
@Charles Sammut Well said we are being pushed because of these so called good harted which they do not care for the hard ship that our island is going to face .The government needs to send them to where they come from and away with these morals.
Sean Grima
Jul 29th 2010, 13:14
law, man, not morals.
D.Galea
Jul 29th 2010, 13:31
I remember one country which decided to throw morals out of the window when applying law 60 years ago.
Sean Grima
Jul 29th 2010, 11:34
charles sammut would have us disrespect our own laws.
Charles Sammut
Jul 29th 2010, 16:51
Yes, if these laws disrespect us. Happy now?
Sean Grima
Jul 30th 2010, 12:33
the law remains the law whether charles sammut and whoever dislikes it, unless it is changed by parliament.
Charles Sammut
Jul 29th 2010, 10:35
This is all a big waste of time. The solution lies beyond these legalistic machinations. It is the problem that must be eradicated in the first place.
No boat carrying illegal immigrants must be allowed to come anywhere near our territorial waters. People who brazenly place themselves in danger because they know that the Maltese authorities are slaves to their misguided morals and will go and get them, must be repulsed by all means possible, whatever the consequences. We cannot be expected to save them from themselves.
The latest incident does to show how pathetic this government is. It has been grovelling for "burden sharing" for years and now it has succeeded. But it got it the wrong way round, sharing the burden with Libya!! Meanwhile, EU countries keep sending back any illegals they catch on their territories.
Can GonziPN get more contemptible than that? Oh yes it can, paying €12,000 to a convicted criminal illegal immigrant. Rock-bottom and digging furiously.
George Cassar
Jul 29th 2010, 11:55
The majority as evidenced with the poll results agree with you Mr. Sammut. They knew the risks so let them face the consequences. We should not risk our soldiers lives to save them, but our patrol boats should tow or push them back to Libya.
Sean Grima
Jul 30th 2010, 12:36
nothing can be done if it is illegal, so the law cannot be brushed aside.
lgalea
Jul 29th 2010, 10:31
Appeal the judgment, deport him back to Algeria and don't pay him one single cent.
Sean Grima
Jul 30th 2010, 18:42
that's what they would have done in the days of old labour you are so nostalgic for